Channel Tunnel Rail Stakeholders Workshop

Anne Yvrande-Billon (Chair of the Binational Committee)

Paris, 17 June 2016 Cooperation and coordination framework

Cooperation agreement

BINATIONAL COMMITTEE PERMANENT SERVICE

Clear distinction between investigative and decision-making responsibilities

Coordination for the adoption of decisions or opinions with an aligned legal and practical effect across the entirety of the Channel Fixed Link

Fully coordinated aligned decision-making process Cooperation agreement

- **Signed on 16 March 2015** by the chairs of ARAF and ORR
- **General objective**: “set out the guidelines for this cooperation as part of a coordinated and efficient approach to regulation between the Authorities which monitors and ensures that the principles of transparency, predictability, fairness and non-discrimination are observed in relation to the Fixed Link”
- **Public agreement** (available online on ARAFER and ORR websites) without binding legal obligations
- **Key provisions**:
  - **General approach to cooperation (article 3.1)** “The Authorities acknowledge the vital importance of cooperation and co-ordinated decision-making and the desirability of sending aligned, clear and consistent signals to the Concessionaires and other existing and potential users of the Fixed Link”
  - **Objectives for cooperation (article 4)**:
    - “Promotes fair competition between railway undertakings and promotes full transparency and non-discriminatory access to the Fixed Link;
    - Supports the provision of better services for passengers and freight users;
    - Respects the need for the infrastructure manager to have a sound financial structure;
    - Promotes optimal use of rail capacity and efficiency in the operation of the Fixed Link” Cooperation agreement

– Key provisions (follow up):

• **Creation of the binational committee** (article 7) and the **permanent service** (article 8)

• **Exchanging information**: “All information and documents obtained by one Authority in exercising its regulatory body functions in connection with the Fixed Link shall be passed to the other Authority as soon as possible” (article 13) Binational Committee

– Main missions: • Steering the **activities of the permanent service** • **Exchanging views** between the Authorities in support of coordinated and consistent decision-making by the Authorities • Ensuring **conciliation between the Authorities**

– Composition: • ARAFER: Anne Yvrande-Billon (chair of the BNC for 2016-2017), Jean-François Bénard and Marie Picard • ORR: Daniel Brown, Giles Buckenham and Joanna Whittington

– What has been achieved: • **4 meetings** since its creation • **3 stakeholders meetings** (Eurostar, Eurotunnel, Freight Transport Association) • **Recommendations** on Eurotunnel’s 2017 Network Statement Permanent service

- A bi-national standing working group
- Main missions:
  - Enhancing cooperation between the Authorities
  - Provide advices and recommendations to the bi-national committee and the Authorities
- Annual work programme submitted to the bi-national committee for approval
- Formal working arrangements (included in the rules of procedure)
- Composition:

| | France | United Kingdom | |------------------------|-----------------|-----------------------------------------------------| | Head of delegation | Miguel AMARAL | Brian KOGAN (Chair of the permanent service) | | Economic advisor | John MOORE | Carl HETHERINGTON | | Legal advisor | Jérémie PIETE | Adedayo AJIBADE | Permanent service (follow up)

– What has been done:

• Almost one meeting a month • A number of working meetings with Eurotunnel • Two internal workshops • Public consultation on Eurotunnel’s Network Statement (22 July 2016) • Preparation of the recommendations on Eurotunnel’s 2017 Network Statement